scholarly journals Legal protection of cross-border use of intellectual property

2019 ◽  
Vol 4 (22) ◽  
pp. 279-285
Author(s):  
Irina Kiryushina ◽  
Andrey Serebryakov
Keyword(s):  
Intellectual Property ◽  
Social Development ◽  
Legal Protection ◽  
Legal Regulation ◽  
Patent System ◽  
Parallel Imports ◽  
National Legislation ◽  
Cross Border ◽  
Eurasian Economic Union ◽  
Economic Union

The paper analyzes the issues of legal regulation of cross-border use of intellectual property on the example of the Eurasian Economic Union. Among the key problems of cross-border use of intellectual property within the Eurasian Economic Union (EEU) is the need to create a unified system of registration of trademarks and service marks and elimination of double registration of trademarks, establishment of common approaches to the problem of admissibility of “parallel imports” within the EEU, and the creation of an effective patent system. The authors conclude that the development of legal regulation of the use of intellectual property in cross-border relations will follow the path of adoption of normative acts within the framework of regional unions of states, taking into account the specifics of their economic and social development, as well as the way of improvement of national legislation, taking into account the position of states on this issue.

scholarly journals Official clarification of normative legal acts: the experience of the EAEU countries and gaps in legal regulation of the Republic of Kazakhstan

2021 ◽  
Vol 136 (3) ◽  
pp. 11-20
Author(s):  
A.E. Abdrasulova ◽  
Keyword(s):  
Legal Regulation ◽  
Legal Regulations ◽  
National Legislation ◽  
Legal Norms ◽  
Legal Standards ◽  
Eurasian Economic Union ◽  
Economic Union ◽  
Life Circumstances ◽  
The Republic ◽  
Legal Mechanism

The official clarification of regulatory legal acts is a key stage in the implementation of the provisions and norms of national legislation. Legal regulations cannot provide for all the nuances of life circumstances, which are always more complicated than legal standards. In these circumstances, the respective subjects of legal relations are assisted by such institution as interpretation (clarification) of legal norms, filling in gaps by analogy, which also cannot be implemented without an appropriate interpretation of the rules of law. At the same time, the optimal legal consolidation of such activities in national legislation is of great importance, providing effective legal regulation of the content and procedure for clarifying regulatory legal acts. This paper shows the system of clarification of legal regulations in the Republic of Kazakhstan and the countries of the Eurasian Economic Union (hereinafter-the EAEU), identifies the problems of legislative regulation of this type of activity, suggests measures to improve the legal mechanism for the official interpretation of regulatory legal acts, including laws

scholarly journals Issues of improving legislation about expert activity

2021 ◽  
Vol 7 (2) ◽  
pp. 96-105
Author(s):  
T. A. Dikanova
Keyword(s):  
Legal Regulation ◽  
The State ◽  
National Legislation ◽  
Regulatory Authorities ◽  
Expert Opinions ◽  
Eurasian Economic Union ◽  
Significant Harm ◽  
Economic Union

The article deals with the problems of legal regulation of expert activity. It is noted that there are many regulatory legal acts that regulate the conduct of various examinations. The article analyzes the legislation regulating the conduct of both non-judicial and judicial examinations, including supranational ones. Although non-judicial examinations are diverse, the article notes that their legal regulation has much in common, but general issues are not regulated uniformly in the absence of grounds for this, since we are talking about issues that are not related to the specifics of a particular examination. And this, in the authors opinion, is a lack of legal regulation of expert activity. The article examines the novelties of the legislation on forensic examinations, in particular, conducted by non-state experts. Attention is drawn to all the main problems of legal regulation that have been discussed since 2012, when work began on a new law on judicial expert activity, but have not been resolved by the legislator. Attention is paid to the legal regulation of the activities of forensic experts. The article concludes that the courts are suspicious of the conclusions of expert examinations conducted by non-judicial experts when considering disputes between regulatory authorities and interested parties, as well as when considering criminal and administrative cases. Often, examinations conducted for the purpose of control are groundlessly rejected by the court, and the court appoints forensic examinations, which are entrusted to experts who do not have the necessary knowledge, experience, methods, equipment; they accept them on faith, without establishing the reasons for discrepancies between experts, without conducting the necessary procedural actions. That is, not being experts, the judges unreasonably decide which of the two expert opinions to accept. As a result, significant harm can be caused to the state interests, which is shown by the example of customs examinations. It is also noted that there are many similarities between forensic examinations and, for example, examinations conducted for control purposes. It is proposed to formulate a single law on the basis of expert activity, not limited only to judicial expert activity. The issues that require legal regulation are listed. The need to take into account the achievements of the legislation of the Eurasian Economic Union on expertise in the development of national legislation was noted.

scholarly journals ПРОБЛЕМА УДОСКОНАЛЕННЯ ПРАВОВОГО РЕГУЛЮВАННЯ ВЕБ-САЙТІВ І ДОМЕННИХ ІМЕН В УМОВАХ ІНФОРМАТИЗАЦІЇ СУСПІЛЬСТВА

2019 ◽  
pp. 73-83
Author(s):  
А. О. Гордеюк
Keyword(s):  
Intellectual Property ◽  
Legal Status ◽  
Civil Law ◽  
Legal Protection ◽  
Legal Regulation ◽  
The State ◽  
Virtual Space ◽  
National Legislation ◽  
Domain Names ◽  
Effective System

The article analyzes the legal status of websites and domain names and scientific developments of scientists regarding the feasibility of determining them as independent objects of intellectual property.  As follows from the analysis of national legislation, some certain gaps have been defined and the ways to eliminate them have been recommended in order to improve the legal regulation of websites and domain names. The position of scholars regarding defining websites and domain names as independent objects of intellectual property in the civil law has been considered reasonable and rational, as well as adding them to article 420 of the Civil Code of Ukraine, which specifies objects of intellectual property subject to legal protection in the state. There was a suggestion to adopt a special law, which should implement legal regulation of specific objects of intellectual property that are used only in virtual space, and will provide an effective system for protecting the rights of owners of websites and domain names.

MAIN STAGES OF THE FORMATION OF THE INSTITUTE OF LEGAL PROTECTION OF INTELLECTUAL PROPERTY IN THE EAEU

2020 ◽  
Author(s):  
Амала Алиевна Умарова
Keyword(s):  
Intellectual Property ◽  
Legal Protection ◽  
Member States ◽  
Eurasian Economic Union ◽  
Economic Union

Данная статья раскрывает вопросы становления института правовой охраны интеллектуальной собственности в Евразийском экономическом союзе, рассматривается значение введения в действие таможенного реестра объектов интеллектуальной собственности государств-членов ЕАЭС. This article reveals the issues of establishing the institution of legal protection of intellectual property in the Eurasian Economic Union, discusses the importance of putting into operation a customs register of intellectual property of the EAEU member states.

LEGAL REGULATION OF CRYPTOCURRENCY MINING

2020 ◽  
pp. 13-20
Author(s):  
Pavel Samolysov ◽  
◽  
◽  
Keyword(s):  
Russian Federation ◽  
Reliability And Validity ◽  
Legal Regulation ◽  
State Regulation ◽  
Entrepreneurial Activity ◽  
Mining Equipment ◽  
Social Phenomena ◽  
Eurasian Economic Union ◽  
The Russian Federation ◽  
Economic Union

Purpose and objectives: analysis of legal regulation of cryptocurrency mining in the Russian Federation and abroad, identification of problems and gaps in this area and development of proposals aimed at their resolution. Scientific significance: the article reveals the current state and established doctrinal approaches to the legal regulation of cryptocurrency mining in Russia. For the first time, the necessity of strengthening and developing state regulation of mining is substantiated. The main attention in the article is paid to the system of legal regulation of the process of creating cryptocurrencies in the territory of the Russian Federation, taking into account the law of the Eurasian Economic Union. Methods: a dialectical approach to the cognition of social phenomena, allowing them to be analyzed in their historical development and functioning in the context of a set of objective and subjective factors, which determined the choice of the following research methods: formal logical, comparative legal, sociological, which allowed the author to ensure the reliability and validity of the conclusions. Key findings: The legal vacuum in the regulation of mining acts as a serious inhibiting factor at the current stage of its improvement and often itself becomes an offense. At the same time, cryptocurrency mining is one of the new types of entrepreneurial activity, in connection with which in the near future it is necessary to introduce state regulation of cryptocurrency mining in the Russian Federation, for which it is necessary: to develop a law regulating the organization and implementation of the production of cryptocurrencies using cryptographic algorithms; to supplement the classifier of the main type of carried out economic activity with a new type of activity — mining; to create a unified electronic register of crypto farms operating on the territory of the Russian Federation; supplement the existing legislation of the Russian Federation and the Eurasian Economic Union with the norms regulating the import of mining equipment. Thus, the important results of the study are: the development of the problems posed, which for a long time remained outside the attention of specialists, as well as the significant novelty of the factual material introduced into circulation.

scholarly journals Cross-border territories development as an indicator of the integration processes effectiveness

Upravlenie ◽  
2020 ◽  
Vol 7 (4) ◽  
pp. 113-122
Author(s):  
I. V. Mishchenko ◽  
E. G. Shustova ◽  
I. V. Milkina
Keyword(s):  
Industrial Clusters ◽  
Tourist Destinations ◽  
Cross Border ◽  
Eurasian Economic Union ◽  
Trade Turnover ◽  
East Kazakhstan ◽  
Integration Effect ◽  
Economic Union ◽  
The Creation ◽  
The Impact

The development of cross-border territories and the impact of integration processes on them has been considered in the article. The creation of the Eurasian Economic Union becomes an impetus for the development of both the member states of the organization and their individual territories. This integration formation is relatively young, but today it creates a common market for the movement of goods, services, labor and capital. That is the cross-border territories, as bridges between countries, which feel the effect of the processes taking place in the common economic space: the trade turnover between the countries increases, as well as the inflow of investment and labor.The study is aimed at identifying the effect of integration processes on the development of two cross – border areas-Altai territory (Russian Federation) and East Kazakhstan region (Republic of Kazakhstan). The analysis showed, that the mutual trade turnover has increased between the countries and these territories; there is a good foundation for the development of cooperation in production. However, other indicators of socio-economic development have a negative trend. The outflow of population from these territories continues. The territories do not attract a significant amount of investment.The measures to increase the attractiveness of the Altai territory and East Kazakhstan region within the Eurasian Economic Union have been offered: strengthening production ties through the creation of industrial clusters; the inclusion of territories in the implementation of the project “economic belt of the silk road”; the use of the natural potential of the territories for the creation and development of joint tourist destinations. The measures proposed in the article will strengthen cooperation between cross-border territories, create favorable conditions for increasing the integration effect in these territories, developing infrastructure and cooperating in the main sectors of the border countries, strengthening financial ties and attracting investment.

scholarly journals Normative-legal regulation in the sphere of intellectual property and its relationship with the plans of scientific and technological development of the country

2018 ◽  
Vol 4 (3) ◽  
pp. 210-226
Author(s):  
D. P. Fedulkin ◽  
V. G. Zinov
Keyword(s):  
Intellectual Property ◽  
Business Strategy ◽  
Technological Development ◽  
Legal Protection ◽  
Legal Regulation ◽  
Intellectual Activity ◽  
Policy Measures ◽  
Industrial Use ◽  
Methodological Approaches ◽  
Scientific And Technological Development

The article presents an overview of public policy measures in the field of identification, consolidation and inventory of rights to the results of intellectual activity with a high potential of industrial use. Proposals for the development of mechanisms of legal protection of individual intellectual property objects are substantiated. The instructive and methodical regulation of works on registration of results of scientific and technical activity under the state contracts is analyzed. Attention is paid to the complexity of the procedure of passing and agreeing the final results of their implementation. Methodological approaches to the improvement of identification and inventory of protectable results of intellectual activity obtained in the course of execution of state contracts as part of the organization’s activities in the field of innovation and technological development in order to implement the business strategy in the domestic and global markets are proposed.

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